Disclosures to Producers
Under current rules, a contractor must provide an annual written “notice to producers." The notice must disclose whether the contractor participates in the fund, or has filed security with DATCP, to secure the contractor's payment obligations to producers. The notice may take different forms, depending on the basis on which the contractor is licensed by DATCP. Current rules spell out the type of notice that each contractor must give, and exact wording that the notice must include.
2003 Wis. Act 38 modified fund assessments and security filing requirements for some contractors. This rule modifies current disclosure requirements for some contractors, so that the disclosures accurately reflect current law.
Electronic Receipts for Grain
Chapter
126, Stats. requires grain dealers and grain warehouse keepers to provide written receipts for grain received from producers and depositors. This rule authorizes grain dealers and warehouse keepers to provide those receipts in electronic form, provided that the producer or depositor can readily retrieve, view, store and print the receipt for future reference.
Federal and Surrounding State Regulations
Wisconsin's Security Program
Wisconsin has an agricultural producer security program for grain, milk and vegetables. The Wisconsin legislature has spelled out detailed statutory requirements for grain dealers, grain warehouse keepers, milk contractors and vegetable contractors (ch.
126, Stats.). Contractors must be licensed by DATCP, and most contractors must contribute to an agricultural producer security fund administered by DATCP. A few contractors must also file security with DATCP.
DATCP cannot alter current statutory requirements, but can interpret and implement those requirements by rule. This rule makes limited changes to current rules. This rule will benefit contractors by authorizing assessment refunds and electronic grain receipts, without reducing producer security. This rule also modifies contractor disclosure requirements to implement recent statutory changes.
Federal Programs
There are no federal producer security programs related to milk. The United States department of agriculture (USDA) administers a producer security program for federally licensed grain warehouses that store grain for producers. Grain warehouses may choose whether to be licensed under state or federal law. Federally-licensed warehouses are exempt from state warehouse licensing and security requirements. State-licensed warehouses are likewise exempt from federal requirements.
The federal grain warehouse program currently provides little or no protection against financial defaults by grain dealers. Grain dealers are persons who buy and sell grain. Sometimes, grain dealers also operate grain warehouses. DATCP currently licenses grain dealers. Licensed warehouse keepers must also hold a state grain dealer license if they engage in grain dealing.
USDA proposes to regulate grain dealer activities of federally licensed warehouses, to the exclusion of state regulation. But USDA has not yet finalized its regulations. In any case, the federal regulations would not apply to state-licensed grain warehouses, or to grain dealers who do not operate a warehouse.
There is a federal security program for fresh market vegetables, but not for processing vegetables. Wisconsin's vegetable security program applies only to processing vegetables (not fresh market vegetables covered by federal regulations).
Surrounding States
In Minnesota, contractors must be licensed to procure grain, milk or processing vegetables from producers, or to operate grain warehouses. Regulated contractors must file bonds as security against default.
Neither Iowa nor Illinois have producer security programs for milk or vegetables. However, both states maintain indemnity funds to protect grain producers. Fund assessments are based solely on grain volume. In Wisconsin, by contrast, fund assessments are based on grain volume and financial condition.
Michigan has the following producer security programs:
•Potato dealers must be licensed, and must post bonds as security against defaults. (Wisconsin's vegetable security program includes, but is not limited to, potatoes.)
•Dairy plants that fail to meet minimum financial standards must file security or pay cash for milk.
•Grain producers have the option of paying premiums into a state fund. In the event of a grain default, the fund reimburses participating producers.
Fiscal Estimate
This rule will have little or no fiscal impact on the agricultural producer security fund, and no fiscal impact on the department. This rule authorizes partial refunds of fund assessments in certain cases, but the department does not anticipate many such cases. Refunds, when made, would merely eliminate unanticipated “windfalls" to the fund, and would not affect overall revenue projections for the fund. The rule will not have a significant impact on the department's operating costs.
Business Impact Analysis
This rule will have a minimal impact on regulated businesses. The Wisconsin legislature has spelled out detailed statutory requirements for grain dealers, grain warehouse keepers, milk contractors and vegetable contractors (ch.
126, Stats.). DATCP has limited authority to change these requirements by rule.
This rule will make minor changes to current rules. This rule will have a positive impact on some businesses, by authorizing assessment refunds and electronic receipts. This rule updates current disclosure requirements (per recent law changes), but the updated disclosure requirements will have a minimal impact on regulated businesses.
This rule does not impose any new regulatory requirements. This rule does not add business costs, and will reduce costs for some businesses. This rule will have little, if any, impact on small business.
Notice of Hearing
Justice
NOTICE IS HEREBY GIVEN that, pursuant to s.
895.12, Stats., and interpreting s.
895.12, Stats., the Department of Justice will hold a public hearing on proposed rules, ch.
Jus 16, relating to the enforcement of the tobacco master settlement agreement.
The hearing shall take place on:
April 30, 2004
10:00 a.m.
Risser Justice Building
Room 726
17 West Main Street
Madison, WI 53702
Interested persons are invited to appear at the hearing and offer comments on the proposed rule. Persons making oral presentations are requested to submit their comments in writing as well. The public record on this proposed rule will remain open until the close of business on the day of the hearing to permit the submission of written comments from people unable to attend the hearing. Written comments should be submitted to Charlotte Gibson, Assistant Attorney General, 17 West Main Street, Madison, Wisconsin, 53702.
Analysis of Proposed Rule
Statutes Interpreted: Wis. Stat. §
895.12.
2003 Wisconsin Act 245 gives the Department of Justice a number of new powers to enforce the tobacco master settlement agreement (“MSA"). Specifically, cigarette manufacturers must make detailed certifications concerning the products they make, and the attorney general must maintain a directory of the manufacturers who have current and accurate certifications. Manufacturers that have not signed on to the MSA must put into place certified escrow accounts and escrow a certain amount for each cigarette sold to consumers in the State of Wisconsin. The act also allows the attorney general to require certifications and escrow payments quarterly.
This proposed rule implements the powers granted under
2003 Wisconsin Act 73. The proposed rules allow the Department of Justice to require non-participating manufacturers to certify their compliance and make their escrow payments quarterly.
Fiscal Impact
The Department of Justice estimates that there will be no fiscal impact of the proposed rule.
Initial Regulatory Flexibility Analysis
The proposed rule may have an effect on small businesses. The type of small businesses that could be affected are non-participating manufacturers (“NPMs") under the MSA. Under the MSA and statutory law, NPMs (none of which are currently located in Wisconsin) are required to escrow money for possible future litigation concerning the state's health costs related to smoking. The rule gives the Department of Justice the power to require these nonparticipating manufacturers to provide certifications and escrow payments quarterly. While the Department of Justice believes that quarterly payment will assist NPMs to make appropriate marketing decisions so that they can meet these financial obligations, the quarterly reporting will require more paperwork for them.
Copies of Rule and Contact Person
Copies of the proposed rule can be obtained free of charge from, and any questions concerning the rule can be directed to:
Charlotte Gibson
Assistant Attorney General
Wisconsin Department of Justice
17 West Main Street
Madison, WI 53702
(608) 266-7656
Notice of Hearing
Public Service Commission
Hearing Date, Time and Location
Tuesday, April 27, 2004 – 10:00 a.m.
Public Service Commission, 610 North Whitney Way, Madison, WI
Comments Due:
Tuesday, May 18, 2004 – Noon
FAX Due:
Monday, May 17, 2004 – Noon
Address comments to:
Lynda L. Dorr, Secretary to the Commission
Public Service Commission
P.O. Box 7854
Madison, WI 53707-7854
FAX (608) 266-3957
The Public Service Commission of Wisconsin proposes an order to repeal and recreate Wis. Admin. Code ch.
PSC 173, relating to the funding of wireline and wireless emergency number telephone services.
NOTICE IS GIVEN that a hearing will be held beginning on Tuesday, April 27, 2004, at 10:00 a.m. in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, and continuing at times to be set by the presiding Administrative Law Judge. This building is accessible to people in wheelchairs through the Whitney Way first floor (lobby) entrance. Parking for people with disabilities is available on the south side of the building. Any person with a disability who needs additional accommodations should contact the docket coordinator listed below.
Written Comments
The Commission requests comments on the above issues. Comments are due at the Commission by noon on May 18, 2004, (or by noon on May 17, 2004, if by fax). An original and 20 copies should be addressed and filed as indicated in the box above. Comments not received by noon on the date due will not be accepted. Fax filing cover sheets must state “Official Filing," the docket number, and the number of pages (limit 20 pages). Please file by one mode only.
Analysis Prepared by the Public Service Commission of Wisconsin
Statute interpreted: s.
146.70, Stats.
The landline 911 emergency number service in place throughout the country uses two distinct network designs. Basic 911 service uses the public switched network to route calls to the answering point. The telephone switch uses a translation table to convert the 911 address to a standard seven-digit or ten-digit telephone number. The dispatcher at the answering point must query the caller to learn the name and location of the calling party.
Enhanced 911 service routes a 911 call (from the telecommunications central office switch to the county or municipal public safety answering point) over a dedicated network, independent of the public switched network. The enhanced service will automatically report the name and address corresponding to the calling party's access line. The enhanced service also permits the system to route 911 calls from a given telephone exchange to more than one answering point, based upon the calling party's location. -
See PDF for diagram 
Thus, enhanced 911 service can be distinguished from basic 911 service by three service elements: a dedicated network, automatic location identification (ALI), and selective routing.
The 911 emergency number systems that are currently deployed in Wisconsin will terminate calls directed to 911 from wireless telephones. This is required by Wis. Stat. §
146.70(2)(h). However, the existing access to 911 from wireless telephones can only provide the features of a basic 911 system. Wireless 911 calls are routed over the public switched network. The wireless carrier routes all 911 calls originated by its antennas or cell sites in a given county to the wireless answering point designated for that county. The current wireless 911 system cannot support multiple answering points. The current system does not disclose the wireless calling party's telephone number or location. This lack of automatic location disclosure severely degrades the usefulness of wireless 911 service, particularly in rural and off-road locations that lack landmarks or other reference points known to the caller or to the dispatcher who answers the call.
Sections
20.155(3)(q) and
146.70(3m), Stats., as created by
2003 Wisconsin Act 48 (Act 48), authorize the Commission to establish the Wireless 911 Fund to reimburse wireless carriers and local governments for the cost of the additional equipment, computer software and telephone network facilities that are required to provide the service elements (dedicated access, ALI, and selective routing) associated with enhanced wireless 911 service.
Act 48 also responds in part to the policy initiatives of the U.S. Congress and the Federal Communications Commission (FCC).
See 47 C.F.R. § 20.18. Under §
20.18(j), a wireless telecommunications carrier is required to provide the enhanced wireless 911 service only after the following conditions have been met: (1) the administrator of a Public Safety Answering Point (PSAP) has requested the service; (2) the PSAP is capable of receiving and utilizing the information associated with the service; and (3) the PSAP has a mechanism in place to recover the cost of the service. Act 48 created the Wireless 911 Fund to address this third requirement for a funding mechanism.
The rule first makes non-substantive changes to the format of ch.
PSC 173 to improve the overall presentation of the chapter. In recreating the existing provisions of ch.
PSC 173, the Commission proposes to modify the current notice requirement for county-wide 911 contracts to align the notice procedure in this rule with the Commission's general administrative process in ch.
PSC 2.
See s.
PSC 173.04 (1).
As required by Act 48, this rule establishes the Wireless 911 Fund and sets forth the necessary administrative procedures to operate the fund. In s.
PSC 173.06, the rule provides the criteria under which grant applications from wireless carriers will be reviewed and approved.
In s.
PSC 173.07, the rule provides the criteria under which grant applications from local governments will be reviewed and approved.
In s.
PSC 173.08, the rule provides the criteria under which local governments applications for supplemental grants will be reviewed and approved.
